Can I take legal action against a person who subleased my apartment and didn’t pay a deposit?

UPDATED: Dec 14, 2011

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Can I take legal action against a person who subleased my apartment and didn’t pay a deposit?

The deposit was not discussed at the time of move in but I want her to cover some of the damages taken out of the deposit that I got returned to me. She signed a sublease for rent but the deposit situation was not worked out between us. I want to take legal action to get money from her.

Asked on December 14, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you sub-leased your rental to another person, did not require a security deposit from her, and there was damaged to the rental caused by her that you had to pay the landlord under your master lease with him or her, you would be allowed to bring an action against the sub-tenant for the amount that you had to pay. Most likely that would be in the small claims court.

I would write your former sub-tenant a demand letter requesting payment of the amount owed. If not paid in the demanded time period, you are free to file suit. I would keep a copy of the letter for future need.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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